Country Policy and Information Note - Afghanistan: Sikhs and Hindus Version 5.0 May 2019 - v5.0 (April 2019)
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Country Policy and Information Note Afghanistan: Sikhs and Hindus Version 5.0 May 2019
Preface
Purpose
This note provides country of origin information (COI) and analysis of COI for use by
Home Office decision makers handling particular types of protection and human
rights claims (as set out in the basis of claim section). It is not intended to be an
exhaustive survey of a particular subject or theme.
It is split into two main sections: (1) analysis and assessment of COI and other
evidence; and (2) COI. These are explained in more detail below.
Assessment
This section analyses the evidence relevant to this note – i.e. the COI section;
refugee/human rights laws and policies; and applicable caselaw – by describing this
and its inter-relationships, and provides an assessment on whether, in general:
• A person is reasonably likely to face a real risk of persecution or serious harm
• A person is able to obtain protection from the state (or quasi state bodies)
• A person is reasonably able to relocate within a country or territory
• Claims are likely to justify granting asylum, humanitarian protection or other form
of leave, and
• If a claim is refused, it is likely or unlikely to be certifiable as ‘clearly unfounded’
under section 94 of the Nationality, Immigration and Asylum Act 2002.
Decision makers must, however, still consider all claims on an individual basis,
taking into account each case’s specific facts.
Country of origin information
The country information in this note has been carefully selected in accordance with
the general principles of COI research as set out in the Common EU [European
Union] Guidelines for Processing Country of Origin Information (COI), dated April
2008, and the Austrian Centre for Country of Origin and Asylum Research and
Documentation’s (ACCORD), Researching Country Origin Information – Training
Manual, 2013. Namely, taking into account the COI’s relevance, reliability, accuracy,
balance, currency, transparency and traceability.
The structure and content of the country information section follows a terms of
reference which sets out the general and specific topics relevant to this note.
All information included in the note was published or made publicly available on or
before the ‘cut-off’ date(s) in the country information section. Any event taking place
or report/article published after these date(s) is not included.
All information is publicly accessible or can be made publicly available, and is from
generally reliable sources. Sources and the information they provide are carefully
considered before inclusion.
Page 2 of 44Factors relevant to the assessment of the reliability of sources and information
include:
• the motivation, purpose, knowledge and experience of the source
• how the information was obtained, including specific methodologies used
• the currency and detail of information, and
• whether the COI is consistent with and/or corroborated by other sources.
Multiple sourcing is used to ensure that the information is accurate, balanced and
corroborated, so that a comprehensive and up-to-date picture at the time of
publication is provided of the issues relevant to this note.
Information is compared and contrasted, whenever possible, to provide a range of
views and opinions. The inclusion of a source, however, is not an endorsement of it
or any view(s) expressed.
Each piece of information is referenced in a brief footnote; full details of all sources
cited and consulted in compiling the note are listed alphabetically in the bibliography.
Feedback
Our goal is to continuously improve our material. Therefore, if you would like to
comment on this note, please email the Country Policy and Information Team.
Independent Advisory Group on Country Information
The Independent Advisory Group on Country Information (IAGCI) was set up in
March 2009 by the Independent Chief Inspector of Borders and Immigration to
support him in reviewing the efficiency, effectiveness and consistency of approach of
COI produced by the Home Office.
The IAGCI welcomes feedback on the Home Office’s COI material. It is not the
function of the IAGCI to endorse any Home Office material, procedures or policy.
The IAGCI may be contacted at:
Independent Advisory Group on Country Information
Independent Chief Inspector of Borders and Immigration
5th Floor
Globe House
89 Eccleston Square
London, SW1V 1PN
Email: chiefinspector@icibi.gov.uk
Information about the IAGCI’s work and a list of the documents which have been
reviewed by the IAGCI can be found on the Independent Chief Inspector‘s pages of
the gov.uk website.
Page 3 of 44Contents
Assessment .............................................................................................................. 6
1. Introduction ...................................................................................................... 6
1.1 Basis of claim ........................................................................................... 6
2. Consideration of issues ................................................................................... 6
2.1 Credibility.................................................................................................. 6
2.2 Exclusion .................................................................................................. 6
2.2 Convention reason ................................................................................... 6
2.3 Assessment of risk ................................................................................... 6
2.4 Protection ................................................................................................. 9
2.5 Internal relocation ................................................................................... 10
2.6 Certification ............................................................................................ 10
Country information ............................................................................................... 11
3. Demography .................................................................................................. 11
3.1 Current population .................................................................................. 11
3.2 Changes to population size over time .................................................... 11
3.3 Emigration (and return) of Sikhs and Hindus .......................................... 12
3.4 Location of communities ......................................................................... 13
3.5 Sikh and Hindu communities in Afghanistan .......................................... 14
3.6 Languages.............................................................................................. 14
3.7 Gurdwaras and Mandirs ......................................................................... 15
4. Legal rights .................................................................................................... 16
4.1 Legal framework ..................................................................................... 16
4.2 Registration ............................................................................................ 17
4.3 Apostasy................................................................................................. 18
4.4 Blasphemy.............................................................................................. 18
4.5 Judicial system ....................................................................................... 19
4.6 Citizenship and identity cards ................................................................. 20
5. State treatment and attitudes ......................................................................... 20
5.1 Governmental outreach and attitudes to the Sikh/Hindu community ...... 20
5.2 Employment in government .................................................................... 21
5.3 Police...................................................................................................... 21
5.4 Political engagement .............................................................................. 22
6. Societal treatment and attitudes .................................................................... 23
6.1 Relations with other members of the community .................................... 23
6.2 Violence and harassment ....................................................................... 24
Page 4 of 446.3 Pressure to convert ................................................................................ 25
6.4 Urban/rural differences ........................................................................... 26
6.5 Cremations ............................................................................................. 26
6.6 Housing and land ................................................................................... 27
6.7 District 21, Kabul .................................................................................... 28
6.8 Women and children .............................................................................. 29
7. Access to education and employment ........................................................... 29
Annex A................................................................................................................... 32
Letter from British Embassy, Kabul, 4 February 2019 ................................... 32
Annex B ................................................................................................................... 36
Letter from British Embassy, Kabul, 5 February 2017 ................................... 36
Annex C ................................................................................................................... 38
Extract from undated note sent to the Home Office on 25 February 2019 by a
contact at Gurdwara Guru Nanak Darbar. ..................................................... 38
Terms of Reference ................................................................................................ 39
Bibliography ........................................................................................................... 40
Sources cited ........................................................................................................ 40
Sources consulted but not cited ............................................................................ 43
Version control ....................................................................................................... 44
Page 5 of 44Assessment
Assessment updated: 11 April 2019
1. Introduction
1.1 Basis of claim
1.1.1 Fear of persecution or serious harm by the state or non-state actors because
the person is Sikh or Hindu.
Back to Contents
2. Consideration of issues
2.1 Credibility
2.1.1 For information on assessing credibility, see the Asylum Instruction on
Assessing Credibility and Refugee Status.
2.1.2 Decision makers must also check if there has been a previous application for
a UK visa or another form of leave. Asylum applications matched to visas
should be investigated prior to the asylum interview (see the Asylum
Instruction on Visa Matches, Asylum Claims from UK Visa Applicants).
2.1.3 Decision makers should also consider the need to conduct language
analysis testing (see the Asylum Instruction on Language Analysis).
Back to Contents
2.2 Exclusion
2.2.1 If there are serious reasons for considering that the person has been
involved in committing a serious crime, decision makers must consider
whether any of the exclusion clauses are applicable.
2.2.2 For further guidance on the exclusion clauses and restricted leave, see the
Asylum Instruction on Exclusion: Article 1F of the Refugee Convention and
the Instruction on Restricted Leave.
Back to Contents
2.2 Convention reason
2.2.1 Race or religion.
2.2.2 Establishing a convention reason alone is not sufficient to be recognised as
a refugee. The question to be addressed in each case is whether the
particular person will face a real risk of persecution on account of their actual
or imputed convention reason.
2.2.3 For further guidance on Convention reasons and particular social groups,
see the Asylum Instruction on Assessing Credibility and Refugee Status.
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2.3 Assessment of risk
2.3.1 Although the exact number of the Sikh and Hindu population in Afghanistan
is not known, it is a small minority, estimated to be between 1,000 to a few
thousand. Various sources agree there are between 200 - 300 Sikh and
Page 6 of 44Hindu families. Sikhs and Hindus live primarily in urban areas, particularly
Kabul and Nangarhar. It is reported that Sikhs and Hindus identify closely
with one another as non-Muslim minorities (see Population).
a. Treatment by the state
2.3.2 The constitution expressly protects freedom of religion for non-Muslims
within the limits of the law, though these freedoms are limited in practice.
The Penal Code provides punishments for anyone who prevents a person
conducting their religious rituals or rites; damages places of worship; and for
attacking followers of any religion (see Legal rights).
2.3.3 Leaders of both Hindu and Sikh communities reported discrimination in the
judicial system, with the illegal appropriation of Sikh properties being the
most common issue arising (see Judicial system).
2.3.4 Hindus and Sikhs are permitted to build places of worship and train
members of their community to become clergy, and the government has
allocated land to Sikhs and Hindus for cremation sites. Police support is
provided to protect these communities while they perform their cremation
rituals (see Legal framework and Cremations).
2.3.5 The Afghan government has provided a large area for Sikhs and Hindus at
Police District 21 area of Kabul city where they can build residential units
and a Shamshan (cremation ground). However District 21 has not been
developed yet and members of the Sikh and Hindu communities have raised
concerns about living there, citing security issues (see District 21, Kabul).
2.3.6 There have been reports of government officials stating that Sikhs and
Hindus do not belong in Afghanistan. However, following a 2016 presidential
decree, the law requires the reservation of a seat for Sikhs and Hindus in the
Afghan parliament. In June 2017, the president invited leaders of the Sikh
and Hindu communites to the palace for talks about what he termed their
valuable role in the country. The Ministry of Hajj and Religious Affairs
facilitates pilgrimages for Hindus and Sikhs to India. Following a Daesh
suicide bomb attack on members of the Sikh and Hindu communities in July
2018, the president visited a Gurdwara in Kabul to offer his condolences and
confirm his support for Sikh and Hindu communities (see Political
engagement and Governmental outreach and attitudes to the Sikh/Hindu
community).
2.3.7 In general, Sikhs and Hindus are not at risk of persecution or serious harm
from the state, but each case should be considered on its individual merits.
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b. Societal treatment
2.3.8 Narinder Singh Khalsa, a Sikh elected to the Wolesi Jirga (the lower house
of the Afghan national assembly), stated that the majority of the Muslim
population is very supportive of the Sikh community, and that they have a
positive relationship, with Sikhs able to practise their religion publicly.
However, there are also reports that the Sikh and Hindu communities face
societal intolerance, which some commentators have attributed to ‘extremist
elements’ who have moved from the provinces to Kabul and other cities.
There are claims of non-Muslims facing pressure to convert to Islam from
Page 7 of 44Muslim members of society. The Hindu population face fewer difficulties than
the more visibly distinguishable Sikh population (whose men wear a
distinctive headdress), with some Sikhs reportedly dressing as Muslims in
order to avoid harassment. It is reported that some Sikhs have left for India
due to economic difficulties and societal harassment, but others have no
plans to leave, as they see Afghanistan as their home (see Urban/rural
differences, Violence and discrimination and Pressure to convert).
2.3.9 Some Sikhs and Hindus have reportedly been victims of illegal seizure and
occupation of their land. It was reported in February 2019 that members of
the Sikh and Hindu Councils had recently met with President Ghani to
discuss this issue with him. Some community members choose not to
pursue restitution through the courts due to fear of retaliation. Some Sikh
families live in Gurdwaras as they lack housing (see Housing and land and
Judicial system).
2.3.10 Some Sikhs and Hindus are reported to face discrimination in the labour
market, and illiteracy can cause difficulties in obtaining work. Members of the
Sikh and Hindu communities avoid sending their children to public schools,
reportedly because of harassment by other students. There is a school for
Sikh children in Kabul which is funded by the government. Some Sikh
children attend private schools, although not all can afford it. Non-Muslims
are not required to study Islam in state schools. There is evidence that some
Sikhs suffer societal harassment when cremating their dead, although police
protection is provided (see Access to education and employment and
Cremations).
2.3.11 In addition, Sikhs and Hindus appeared to be targeted in a suicide bomb
attack in July 2018 in Jalalabad. Daesh claimed responsibility for the attack.
There have been no further reported insurgent attacks. There are also
reports of a letter, in which it was claimed that it was from Daesh, which was
received by some Sikhs and Hindus asking them to pay ‘jizya,’ a tax on non-
Muslims (see Violence and discrimination).
2.3.12 In the country guidance case of TG and others (Afghan Sikhs persecuted)
(CG) [2015] UKUT 595 (IAC) (3 November 2015), heard on 31 March 2014
and 17 August 2015, the Upper Tribunal found (at paragraph 119) that:
(i) ‘Some members of the Sikh and Hindu communities in Afghanistan
continue to suffer harassment at the hands of Muslim zealots.
(ii) Members of the Sikh and Hindu communities in Afghanistan do not
face a real risk of persecution or ill-treatment such as to entitle them to
a grant of international protection on the basis of their ethnic or
religious identity, per se. Neither can it be said that the cumulative
impact of discrimination suffered by the Sikh and Hindu communities in
general reaches the threshold of persecution.
(iii) A consideration of whether an individual member of the Sikh and Hindu
communities is at risk real of persecution upon return to Afghanistan is
fact-sensitive. All the relevant circumstances must be considered but
careful attention should be paid to the following:
a. women are particularly vulnerable in the absence of appropriate
protection from a male member of the family;
Page 8 of 44b. likely financial circumstances and ability to access basic
accommodation bearing in mind
- Muslims are generally unlikely to employ a member of the Sikh
and Hindu communities
- such individuals may face difficulties (including threats,
extortion, seizure of land and acts of violence) in retaining
property and / or pursuing their remaining traditional pursuit,
that of a shopkeeper / trader
- the traditional source of support for such individuals, the
Gurdwara is much less able to provide adequate support;
c. the level of religious devotion and the practical accessibility to a
suitable place of religious worship in light of declining numbers
and the evidence that some have been subjected to harm and
threats to harm whilst accessing the Gurdwara;
d. access to appropriate education for children in light of
discrimination against Sikh and Hindu children and the shortage
of adequate education facilities for them.’
2.3.13 There are not very strong grounds supported by cogent evidence to justify a
departure from the conclusions of TG and others. Whilst there have been
attacks on Sikhs and Hindus, notably the July 2018 suicide bomb attack in
Jalalabad, they do not appear to have escalated to the point that the
conclusion at (ii) above should change. Similarly, whilst Sikhs and Hindus do
continue to experience discrimination, it has not escalated or changed to the
extent that the conclusion at (ii) above should change.
2.3.14 For further guidance on assessing risk, see the Asylum Instruction on
Assessing Credibility and Refugee Status. For further information about the
situation for women in Afghanistan, see the Country Policy and Information
Note on Afghanistan: Women fearing gender-based harm/violence.
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2.4 Protection
2.4.1 A person who has a well-founded fear of persecution from the state will not
be able to avail themselves of the protection of the authorities.
2.4.2 Where a person has a well-founded fear of persecution from non-state
actors, decision makers must assess whether the state can provide effective
protection.
2.4.3 In areas controlled by anti-government elements (AGEs), the state will be
unable and unwilling to provide effective protection (see Country Policy and
Information Note Afghanistan: Security and Humanitarian Situation).
2.4.4 In the country guidance case of TG and others, the Upper Tribunal found
that ‘Although it appears there is a willingness at governmental level to
provide protection, it is not established on the evidence that at a local level
the police are willing, even if able, to provide the necessary level of
protection required in Refugee Convention/Qualification Directive terms, to
those members of the Sikh and Hindu communities who experience serious
harm or harassment amounting to persecution’ (para 119 iv).
Page 9 of 442.4.5 The Afghan government has taken measures to improve its law enforcement
and justice system since TG and others, and its presence and control are
generally stronger in the cities. However, these systems are still weak and
there have been reports of abuse of Sikhs and Hindus by the Police. As
such, in general, there are not currently very strong grounds supported by
cogent evidence to depart from the conclusion above. In areas controlled by
AGEs, the state will be unable and unwilling to provide effective protection.
Each case must, however, be considered on its facts.
2.4.6 For further information about state protection see the country policy and
information notes on Afghanistan: Security and humanitarian situation and
Afghanistan: Fear of Anti-government elements (AGEs).
2.4.7 For further guidance on assessing the availability or not of state protection,
see the Asylum Instruction on Assessing Credibility and Refugee Status.
Back to Contents
2.5 Internal relocation
2.5.1 If the person has a well-founded fear of persecution from the state, it is
unlikely to be reasonable to expect them to relocate to escape that risk.
2.5.2 The country guidance case of TG and others found that whether it is
reasonable to expect a member of the Sikh or Hindu communities to relocate
is a fact sensitive assessment. The relevant factors to be considered include
those set out at paragraph 119 (iii) of the determination (see above). Given
their particular circumstances and declining numbers, the practicability of
settling elsewhere for members of the Sikh and Hindu communities must be
carefully considered. Those without access to an independent income are
unlikely to be able to reasonably relocate because of depleted support
mechanisms (paragraph 119 v).
2.5.3 However, in all cases, careful consideration must be given to the relevance
and reasonableness of internal relocation on a case by case basis, taking full
account of the individual circumstances of the particular person.
2.5.4 For further guidance on internal relocation, see the Asylum Instruction on
Assessing Credibility and Refugee Status. For further information about the
situation for women in Afghanistan, see the Country Policy and Information
Note on Afghanistan: Women fearing gender-based harm/violence.
Back to Contents
2.6 Certification
2.6.1 Where a claim is refused, it is unlikely to be certifiable as ‘clearly unfounded’
under section 94 of the Nationality, Immigration and Asylum Act 2002.
2.6.2 For further guidance on certification, see Certification of Protection and
Human Rights claims under section 94 of the Nationality, Immigration and
Asylum Act 2002 (clearly unfounded claims).
Back to Contents
Page 10 of 44Country information
Section 3 updated: 8 March 2019
3. Demography
3.1 Current population
3.1.1 The US Department of State’s International Religious Freedom Report for
2017 (USSD IRF Report 2017), published May 2018, noted, ‘The U.S.
government estimates the total population at 34.1 million (July 2017
estimate). […] [Non-Muslim] religious groups, mainly Hindus, Sikhs, Bahais,
and Christians, constitute less than 0.3 percent of the population. Sikh and
Hindu leaders estimate there are 245 Sikh and Hindu families totaling 1,300
individuals in the country.’1
3.1.2 In 2018, the Australian Institute of International Affairs, an organisation
dedicated to reporting on international relations, noted: ‘Current estimates
put the Sikh community at around 300 families.’2
3.1.3 In February 2019, an official from the Foreign and Commonwealth Office
(FCO) met with Narinder Singh Khalsa, since elected to the Wolesi Jirga
(lower house of the Afhgan national assembly3). Mr Khalsa stated that there
are currently about 1,000 Sikhs in Afghanistan, consisting of about 220
families4.
3.1.4 In 2018 Reuters reported that, ‘The Sikh community now numbers fewer
than 300 families in Afghanistan.’5
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3.2 Changes to population size over time
3.2.1 In 2017 Al Jazeera reported, ‘[…] the population of Hindu and Sikh minorities
has seen a drastic decline over the past several decades. Although there is
no census data available in the country to estimate exact numbers due to
years of war and conflict, the community members themselves speculate
that there are perhaps no more than a few thousand Hindus and Sikhs left in
Afghanistan today.’6
3.2.2 The Diplomat released an article in 2018, which reported: ‘The Sikhs have
always been a small but native minority in Afghanistan; according to one
account, prior to 1992, there were about 220,000 Hindus and Sikhs in
Afghanistan with another putting that number as low as 50,000. By now, the
very few remaining are concentrated in the provinces of Nangarhar, Kabul,
and Ghazni.’7
1 USSD IRF Report 2017, Afghanistan, Section I, 29 May 2018, url
2 Australian Institute of International Affairs, ‘A Precarious State […]’, 11 July 2018, url
3 WolesiJirga.website, url
4 Letter from British Embassy, Kabul, 4 February 2019, Annex A
5 Reuters, ‘“We cannot live here” […],’ 2 July 2018, url
6 Al Jazeera, ‘The decline of Afghanistan's Hindu and Sikh communities,’ 1 January 2017, url
7 The Diplomat, ‘The Last 2 Sikhs in the Taliban’s Heartland,’ 26 September 2018, url
Page 11 of 443.2.3 An undated note from a contact at Gurdwara Guru Nanak Darbar in Southall
stated ‘The numbers may vary and decline as the community is disappearing
due to the fear of safety in Afghanistan.’8
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3.3 Emigration (and return) of Sikhs and Hindus
3.3.1 In January 2016, Al Jazeera reported:
‘The most significant Sikh exodus from Afghanistan occurred during the civil
war (1989-1996) and during the subsequent Taliban rule (1996-2001), during
which thousands, like many other Afghans, sought refuge in neighbouring
countries.
‘Life under the Taliban was a particularly dark time. Officially, Taliban
commanders were ordered by their leadership to respect Sikh and Hindu
communities, on the condition they didn't proselytise and paid jizya, a
religious tax imposed on non-Muslims. But they also required Sikhs to
publicly identify themselves, by wearing yellow patches on their breast
pocket or armbands, and to mark their homes and businesses with yellow
flags.
‘They were allowed to continue daily prayers at the gurdwaras so long as
they couldn't be heard from the street, but it also wasn't uncommon for errant
Taliban to harass or beat them, Kuljit [an Afghan Sikh] said.
‘Even after the fall of the Taliban, however, and promises by both the Karzai
and Ghani governments to do more to protect their communities, each year
the number of Sikh families continues to shrink.
‘“Before the wars we were integrated in local communities,” said Sivender
[an Afghan Sikh]. “But with the passing of time the prejudice against us has
increased. People were really radicalised by the civil wars and the Taliban.”’9
3.3.2 In October 2018, the news outlet ‘The National’ stated, ‘Despite official
political representation and freedom of worship, many face prejudice and
harassment as well as violence from militant groups, prompting thousands to
move to India, their spiritual homeland. India has issued long-term visas to
members of Afghanistan’s Sikh and Hindu communities.’10 The same article
stated that the Hindus remaining in Afghanistan are those who are too poor
to leave11.
3.3.3 The USSD IRF Report 2017 noted that both Sikh and Hindu communities
stated emigration would continue to increase as economic conditions
worsened and security concerns increased12.
3.3.4 In July 2018 the BBC reported that increasing numbers of Sikhs and Hindus
had moved to India due to persecution and repeated threats13.
8 Gurudwara Guru Nanak Darbar, Southall, undated information provided in email dated 22 Feb 2019
9 Al Jazeera, ‘Inside the little-known kitchen of Afghanistan's Sikhs,’ 9 January 2016, url
10 The National, ‘Afghanistan Sikh, Hindu community brave danger to vote,’ 20 October 2018, url
11 The National, ‘Afghanistan Sikh, Hindu community brave danger to vote,’ 20 October 2018, url
12 USSD, IRF Report 2017, Afghanistan, (Section III), 29 May 2018, url
13 BBC, ‘Sikhs among 19 dead in Jalalabad suicide attack,’ 1 July 2018, url
Page 12 of 443.3.5 In August 2018, The United Nations High Commissioner for Refugees
(UNHCR) reported that, ‘Although reliable data about the current size of the
Sikh and Hindu communities in Afghanistan are not available, large numbers
of Sikhs and Hindus are believed to have left Afghanistan as a result of the
severe difficulties they faced.’14
3.3.6 When an FCO official met with Narinder Singh Khalsa in February 2019, Mr
Khalsa stated that about 75,000 Sikhs had left Afghanistan and gone
primarily to India. However, about 40 to 50 families returned during Hamid
Karzai’s presidency. Some Sikhs had rented out their houses15.
3.3.7 In July 2018, The Times of India reported that some members of the Sikh
community do not plan to leave Afghanistan, as they consider the country
their home16.
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3.4 Location of communities
3.4.1 In January 2017, Al Jazeera reported that it was estimated that Hindus and
Sikhs made up around 3,000 Afghans scattered across provinces of Kabul,
Nangarhar and Ghazni17.
3.4.2 An undated note from a contact at Gurdwara Guru Nanak Darbar in Southall
stated:
‘According to the information received from the Gurudwaras in Kabul and
Jalalabad approximately 180-200 members of Afghan Sikh and Hindu
community remain in Kabul. The numbers are much less in Jalalabad with
an estimated number 65-75 families. Around 25 to 30 families remain are in
Ghazni and according to the information received there are some families
living in Khost, Herat, Paktiya, Khandahar, Herat and Mazar-e-Sharif. The
total number will be no more than 1200.’18
3.4.3 When an FCO official met Narinder Singh Khalsa in February 2019, Mr
Khalsa stated that the majority of Sikhs were settled in Kabul and
Nangarhar19. According to Afghanistan Analysts Network (AAN), reporting on
the elections that took place in October 2018, 759 Hindus and Sikhs were
registered to vote in Kabul20.
3.4.4 World Gurudwaras, a website that details the location of Gurdwaras around
the world, noted: ‘Sikhism in Afghanistan is limited to small populations,
primarily in major cities, with the largest numbers of Afghan Sikhs living in
Jalalabad, Kabul, and Kandahar.’21
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14 UNHCR, ‘UNHCR Eligibility Guidelines […]’, 30 August 2018, url
15 Letter from British Embassy, Kabul, 4 February 2019, Annex A
16 Times of India, ‘Afghan Sikhs torn over the option of relocating to India,’ 3 July 2018, url
17 Al Jazeera, ‘The decline of Afghanistan's Hindu and Sikh communities,’ 1 January 2017, url
18 Gurudwara Guru Nanak Darbar, Southall, undated information provided in email dated 22 Feb 2019
19 Letter from British Embassy, Kabul, 4 February 2019, Annex A
20 AAN, ‘Election Day Two: A first hand account … of second-day voting’, 23 Oct 2018, url
21 World Gurdwaras, Afghanistan, undated, url
Page 13 of 443.5 Sikh and Hindu communities in Afghanistan
3.5.1 In January 2015, The Wall Street Journal noted that, ‘Afghanistan’s Sikhs
and Hindus stay in small, tight-knit communities and participate in many of
the same religious rituals held in a temple both faiths use.’22
3.5.2 The Al Jazeera article of 2017 also noted:
‘Afghanistan's history is full of […] anecdotes and lore about a substantial
thriving community of Hindus and Sikhs who have called this country their
home over the centuries. “There is a place in Jalalabad where it is believed
Guru Nanak visited in the 15th century and is very sacred to the Sikhs in
Afghanistan,” says Rawail Singh, an Afghan Sikh civil rights activist, adding
that Jalalabad, to the east of Kabul, continues to have a substantial Sikh
population.’23
3.5.3 In 2017, the European Asylum Support Office (EASO) reported ‘Kabul is an
ethnically diverse city with communities of almost all ethnicities. Pashtuns,
Tajiks, Hazaras, Uzbeks, Turkmen, Baluchs, Sikhs and Hindus all reside
there with no group clearly dominating. As people tend to move to areas
where they already have family, or into particular districts as part of a larger
group with the same ethnicity, different neighbourhoods have become
associated with different ethnic groups.’24
3.5.4 With reference to a suicide attack of July 2018, which targeted Sikhs and
Hindus in Jalalabad and was believed to have been carried out by Daesh,
Foreign Policy, an online website dedicated to reporting and analysing
international foreign policy, and part of an American newspaper
conglomeratate, noted: ‘“Within a few minutes, a significant part of our
fraternity was wiped out: our leaders, elders, and mentors,” said Sachdeva
Omprakash, an Afghan Hindu attending the mass funeral on Monday at the
Bagh Bala Gurdwara in Kabul, one of a handful of temples left in the city.
Sikhs and Hindus in Afghanistan closely identify with each other’s
communities, both politically and socially, as non-Muslim minorities.’25
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3.6 Languages
3.6.1 In January 2015, The Wall Street Journal noted, ‘At home [Afghan Sikhs]
speak mainly Punjabi, the language of Sikhism’s religious texts that is native
to the Indian subcontinent.’26
3.6.2 However, other sources indicated that Punjabi was not always spoken by
Afghan Sikhs. Writing in 2014, Dr Jasjit Singh, a research fellow at the
University of Leeds, stated, ‘Viewing Afghanistan as their homeland and
speaking Pasto and Dari, the Afghan Sikh community differs in a number of
ways from the mainly Punjabi speaking Sikh community which settled in the
22 The Wall Street Journal, ‘Facing Intolerance, […],’ 12 January 2015, url
23 Al Jazeera, ‘The decline of Afghanistan's Hindu and Sikh communities,’ 1 January 2017, url
24 EASO, ‘Country of Origin Information Report’, Afghanistan, 2017, url
25 Foreign Policy, ‘We Belong To Afghanistan,’ 6 July 2018, url
26 The Wall Street Journal, ‘Facing Intolerance, […],’ 12 January 2015, url
Page 14 of 44UK throughout the 20th century.’27 The Telegraph published an article in
August 2014 about a group of Afghans discovered in a shipping container at
Tilbury docks which stated, ‘If the arrivals really have come from
Afghanistan, then they would probably know Pashto, the language of the
biggest ethnic group, or Dari, the nearest thing the country has to a lingua
franca.’28
3.6.3 A blog on the history of Sikhs in Afghanistan, posted in October 2016, stated
the Afghan Sikh language of choice was mainly Pashto, adding Hindi and
Punjabi were spoken as supplementary languages.29
3.6.4 In April 2018, history graduate, Sanmeet Kaur, wrote of her experiences as
an Afghan Sikh living in the UK and noted, ‘Unlike most Sikhs [who speak
Punjabi], Afghan Sikhs speak a unique dialect known as “Kabli”, which is an
amalgamation of Persian Dari and Punjabi.’30
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3.7 Gurdwaras and Mandirs
3.7.1 Hindus and Sikhs are permitted to build places of worship31.
3.7.2 In 2018, the Australian Institute of International Affairs, an organisation
dedicated to reporting on international relations, noted there were ‘… only
two gurdwaras (Sikh temples) remaining operational in the country: one in
Kabul, another in Jalalabad.’32 The news outlet ‘The National’ stated that
there were two gurdwaras, or places of worship, in Afghanistan, one each in
Jalalabad and Kabul33.
3.7.3 However, when an FCO official met with Narinder Singh Khalsa in February
2019, Mr Khalsa stated that there were 5 Gurdwaras and one temple in
Police District 1 in Kabul, with a further Gurdwara located in Police District 2
in Kabul, plus a temple in the Jadaye Asmaye area34.
3.7.4 A contact at Gurdwara Guru Nanak Darbar in Southall provided the following
information in an undated note:
‘The Sikh community have 65 Gurdwaras in Afghanistan. Most of them are in
derelict conditions and some have been turned into rubble due to rocket
attacks. They are not habitable at all. However, there are only 2 functioning
Gurudwaras in Kabul. There is Khalsa Gurudwara which is being again used
as refuge compound by poor Sikh and Hindu families. There is one of the
Hindu mandir in capital city is partially functioning. Most of the Gurudwaras
are being used by the Community as a safe resident compound and women
spend their life within these compounds like a prisoners.
27 The Conversation, ‘Explainer: who are the Afghan Sikhs?’, 20 August 2014, url
28 The Telegraph, ‘Afghan Sikhs: one of the most vulnerable […],’ 17 August 2014, url
29 The Better India, ‘TBI blogs: Tracing the history […]’, 13 October 2016, url
30 Media Diversified, ‘Afghan Sikhs: persecution, resistance and life in diaspora’, 17 April 2018, url
31 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
32 Australian Institute of International Affairs, ‘A Precarious State […]’, 11 July 2018, url
33 The National, ‘Afghanistan Sikh, Hindu community brave danger to vote,’ 20 October 2018, url
34 Letter from British Embassy, Kabul, 4 February 2019, Annex A
Page 15 of 44‘In Jalalabad there are two Gurudwaras but only one is fully functioning and
the other is in partial use. Only one Gurudwara in Ghazni is functioning on a
part time basis. There is another historic site known as “Shri Chashmae
Sahib” (a place of Guru Nanak Dev Ji). This place is again used on a few
occasions in a year by the community members. These visits are also used
to repair the damages and keep the holy site clear of debris and damage.’35
3.7.5 The USSD IRF Report 2017 stated ‘According to minority religious leaders,
the decreasing numbers of Sikhs, Hindus, and other religious minorities had
only a few places of worship. According to the Sikh and Hindu Council,
which advocates with the government on behalf of the Sikh and Hindu
communities, there were 12 gurdwaras (Sikh temples) and 2 mandus (Hindu
temples) remaining in the country, compared with a combined total of 64 in
the past.’36
3.7.6 The New Delhi Times reported on the visit of an Indian national to Kabul in
January 2019: ‘The next morning began […] at the Karte Parwan
Gurudwara, a modest building located in the heart of Kabul. As I walked
inside, I was expecting to see a deserted prayer hall. To my utter surprise,
there were over two dozen men and women paying their respects to the
Guru Granth Sahib.’37
3.7.7 See Housing and land and Women and Children for further information on
these issues, including the subject of persons taking up residence within
Gurdwaras and mandirs.
Back to Contents
Section 4 updated: 8 March 2019
4. Legal rights
4.1 Legal framework
4.1.1 The USSD IRF Report 2017 noted:
‘The constitution declares Islam the official state religion and says no law
may contravene the beliefs and provisions of the “sacred religion of Islam.” It
further states there shall be no amendment to the constitution’s provisions
with respect to adherence to the fundamentals of Islam. According to the
constitution, followers of religions other than Islam are “free to exercise their
faith and perform their religious rites within the limits of the provisions of the
law.”’38
4.1.2 The same report also noted further legal provisions, stating,
‘The law prohibits the production, reproduction, printing, and publishing of
works and materials contrary to the principles of Islam or offensive to other
religions and denominations. It also prohibits publicizing and promoting
religions other than Islam and bans articles on any topic the government
deems might harm the physical, spiritual, and moral wellbeing of persons,
35 Gurudwara Guru Nanak Darbar, Southall, undated information via email dated 22 February 2019
36 USSD, ‘IRF Report 2017’, Afghanistan, (Executive summary), 29 May 2018, url
37 New Delhi Times, ‘Epitaph for an Afghan Sikh,’ 9 January 2019, url
38 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
Page 16 of 44especially children and adolescents. The law instructs National Radio and
Television Afghanistan (RTA), a government agency, to provide
broadcasting content reflecting the religious beliefs of all ethnic groups in the
country. The law also obligates RTA to adjust its programs in light of Islamic
principles as well as national and spiritual values.’39
4.1.3 Chapter 18 of the Penal Code addresses ‘Crimes against Religion’, and
prescribes the punishments (terms of imprisonment and fines) for: forcefully
preventing a person of any religion conducting their rituals or rites; damaging
signs, symbols or places of worship of any religion; and attacking a follower
of any religion who performs their religious rituals ‘publicly’40.
4.1.4 Hindus and Sikhs are permitted to build places of worship and train other
Hindus and Sikhs to become clergy41.
4.1.5 The United Nations High Commissioner for Refugees (UNHCR) Eligibility
Guidelines for Assessing the International Protection Needs of Asylum-
Seekers from Afghanistan, dated 30 August 2018, noted:
‘Non-Muslim minority groups, particularly Christian, Hindu, and Sikh groups,
continue to suffer discrimination under the law. […] in situations where the
Constitution and Afghanistan’s codified laws do not provide guidance, the
Constitution defers to Hanafi Sunni jurisprudence. This applies to all Afghan
citizens, regardless of their religion. The only exception is for matters of
personal law where all parties are Shi'ites […] There is no separate law for
other religious minorities.’42
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4.2 Registration
4.2.1 The USSD IRF Report 2017 stated:
‘Licensing and registration of religious groups are not required. Registration
as a group (which gives the group the status of a shura or council) or an
association conveys official recognition and the benefit of government
provision of facilities for seminars and conferences. By law anyone who is 18
years of age or older may establish a social or political organization. Such an
entity must have a charter consistent with domestic laws as well as a central
office. The Ministry of Justice (MOJ) may dissolve such organizations
through a judicial order. Groups recognized as shuras or councils may
cooperate with one another on religious issues. Associations may conduct
business with the government or the society as a whole. Both groups and
associations may register with the MOJ. According to the MOJ database,
[…] the Sikh and Hindu National Shura has one council registered with the
MOJ and another with the Ministry of Border and Tribal Affairs because of
the council’s location.’43
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39 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
40 Government of Afghanistan, ‘Penal Code’, 17 October 1976, url
41 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
42 UNHCR, ‘UNHCR Eligibility Guidelines […],’ 30 August 2018, url
43 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
Page 17 of 444.3 Apostasy
4.3.1 The USSD IRF Report 2017 stated:
‘The constitution establishes Islam as the state religion but stipulates
followers of religions other than Islam are free to exercise their faith within
the limits of the law. Conversion from Islam to another religion is considered
apostasy, which is punishable by death, imprisonment, or confiscation of
property according to the Sunni Islam’s Hanafi school of jurisprudence,
which the constitution states shall apply “if there is no provision in the
constitution or other laws about a case.” Converts from Islam to other
religions reported they continued to fear punishment from the government as
well as reprisals from family and society.
‘There is no definition of apostasy in the criminal code. Apostasy falls under
the seven offenses making up the hudood as defined by sharia. According to
Sunni Hanafi jurisprudence, which the constitution states shall apply “if there
is no provision in the constitution or other laws about a case,” beheading is
appropriate for male apostates, while life imprisonment is appropriate for
female apostates unless they repent. A judge may also impose a lesser
penalty, such as short-term imprisonment or lashes, if doubt about the
apostasy exists. Under Hanafi jurisprudence, the government may also
confiscate the property of apostates or prevent apostates from inheriting
property. This guidance applies to individuals who are of sound mind and
have reached the age of maturity. Civil law states the age of majority for
citizens is 18, except it is 16 for females with regard to marriage. Islamic law
defines it as the point at which one shows signs of puberty.
‘Conversion from Islam to another religion is apostasy according to the
Hanafi school of jurisprudence applicable in the courts. If someone converts
to another religion from Islam, he or she shall have three days to recant the
conversion. If the person does not recant, then he or she shall be subject to
the punishment for apostasy. Proselytizing to try to convert individuals from
Islam to another religion is also illegal according to the Hanafi school of
jurisprudence applicable in the courts and subject to the same
punishment.’44
4.3.2 The same report noted that there were no reported prosecutions for
apostasy in the year 201745.
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4.4 Blasphemy
4.4.1 The USSD IRF Report 2017 stated that, ‘Blasphemy, which may include
anti-Islamic writings or speech, is a capital crime according to the Hanafi
school. Accused blasphemers, like apostates, have three days to recant or
face death, although there is no clear process for recanting under sharia.
Some hadiths (sayings or traditions that serve as a source of religious law or
44 USSD, ‘IRF Report 2017’, Afghanistan, (Exec summary and Section II), 29 May 2018, url
45 USSD, ‘IRF Report 2017’, Afghanistan, (Executive summary), 29 May 2018, url
Page 18 of 44guidance) suggest discussion and negotiation with an apostate to encourage
the apostate to recant.’46
4.4.2 The same report noted that there were no reported prosecutions for
blasphemy in the year 201747.
4.4.3 A representative from Gurudwara Guru Nanak Darbar in Southall wrote to
the Home Office in February 2019, citing a self-declared “highly reputable
Immigration Law Solicitor in West London” that ‘[in his] practice [they]
haven’t come across any reports where asylum seekers have been
persecuted due to “blasphemy”. However, any comments or opinions against
the faith of the main stream population can be termed as blasphemy
resulting in harm to life.’48 CPIT is unable to verify this information.
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4.5 Judicial system
4.5.1 The USSD IRF Report 2017 stated:
‘Minority religious groups reported the courts still did not apply the
protections provided to those groups by the law and the courts denied non-
Muslims the access to the courts or other legal redress as Muslims, even
when the non-Muslims were legally entitled to those same rights. According
to media reports and representatives from non-Muslim religious minorities,
some members of these communities were told they did not have equal
rights because they were “Indians,” not Afghans, even when they were
citizens of the country. Members of minority religious communities reported
the state, including the courts, treated all citizens as if they were Muslims,
and some basic citizenship rights of non-Muslims remained uncodified. They
said the result was non-Muslims continued to risk being tried according to
Hanafi jurisprudence. […]
‘Leaders of both Hindu and Sikh communities continued to report
discrimination, including long delays to resolve cases in the judicial system.
The illegal appropriation of Sikh properties remained the most common
judicial problem.’49
4.5.2 The same report stated, ‘[Sikh and Hindu] community members continued to
avoid pursuing land disputes through the courts due to fear of retaliation,
especially if powerful local leaders occupied their property.’50 The report
added that Sikhs and Hindus believed they were unprotected by dispute
resolution mechanisms such as the Special Land and Property Court and
they settled disputes through community council or mediation51.
4.5.3 See Housing and land for further information on seizures of land.
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46 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
47 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
48 Letter from Gurudwara Guru Nanak Darbar to Home Office, 18 February 2019, available on request
49 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
50 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
51 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
Page 19 of 444.6 Citizenship and identity cards
4.6.1 The USSD IRF Report 2017 noted that national identity cards indicate an
individual’s religion. Individuals are not required to declare belief in Islam to
receive citizenship52.
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Section 5 updated: 12 March 2019
5. State treatment and attitudes
5.1 Governmental outreach and attitudes to the Sikh/Hindu community
5.1.1 The USSD IRF Report 2017 stated, ‘On June 25 [2017], the president invited
Sikh and Hindu leaders to the presidential palace for a dialogue on the
importance of these minority religious communities and their long-standing
presence and valuable contributions to the country.’53
5.1.2 The same report noted that ‘MOHRA [Ministry of Hajj and Religious Affairs]
also continued to facilitate pilgrimages for Hindus and Sikhs to India, but it
did not collect any revenue for or from non-Muslims.’54
5.1.3 In April 2018, Tolonews noted that Government officials had been invited to
attend a Sikh/Hindu festival:
‘Afghanistan’s Hindu and Sikh residents were preparing for 320th Vesak
Festival by holding events in Kabul on Friday. Known also as Buddha Day,
the festival is celebrated by music and dance in Kabul and other provinces
where the Hindu and Sikh residents are living. Government officials have
been invited to attend the event in Kart-e-Parwan area in Kabul. “Comparing
to the past, their (Hindus and Sikhs) problems have been resolved recently. I
want their educated ones to be hired in government departments,”
Mohammad Yaqoob Ahmadzai, deputy minister for borders and tribal affairs,
said.’55
5.1.4 AfghanHinduWordpress reported on the President’s reaction following a
Daesh attack which targeted a convoy of Sikhs and Hindus in July 2018:
‘Afghan President Ashraf Ghani on Thursday said the deadly attack targeting
Sikhs and Hindus in the eastern city of Jalalabad will be thoroughly
investigated and the perpetrators will face trial as he visited a Gurdwara in
Kabul and offered condolences to the minority community.
‘President Ghani visited the Gurdwara in Kart-e-Parwan area of Kabul city
and offered condolences to the Sikh Community members, the Office of the
President, ARG Palace, said.
‘An ISIS suicide bomber targeted a convoy of Sikhs and Hindus on their way
to meet the Afghan president in the eastern city of Jalalabad on Sunday.
‘At least 20 people, including 17 Sikhs, were killed in the attack. Avtar Singh
Khalsa, a longtime leader of the Sikh community who had planned to run in
the parliamentary elections set for October, was also killed in the blast.
52 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
53 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
54 USSD, ‘IRF Report 2017’, Afghanistan, (Section II), 29 May 2018, url
55 Tolonews, ‘Hindus, Sikhs Preparing For Vesak Festival,’ 13 April 2018, url
Page 20 of 44“President Ghani called the attack a catastrophe and promised that the
incident would be thoroughly investigated and the perpetrators would face
trial for the crime,” the ARG said in a statement.
‘Calling the Sikh and Hindus communities the pride of the nation, President
Ghani said the government remains committed to support the Afghan Sikhs
and Hindus.
‘At the Gurdwara, Surpal Singh thanked President Ghani on behalf of the
Afghan Sikh community for offering condolences. […]
‘Former Afghan president Hamid Karzai also visited the Gurdwara to offer
condolences for Sikhs who lost their lives in the terrorist attack.
‘[…]
‘Meanwhile, residents in Kabul staged a protest against the killing of Sikhs in
Jalalabad. The protesters carried banners and posters depicting the pictures
of those killed in the attack. They slammed the Afghan government and
demanded that the perpetrators must be brought to justice.’56
5.1.5 In its Eligibility Guidelines for Assessing the International Protection Needs
of Asylum-Seekers from Afghanistan of August 2018, the UNCHR stated
that, ‘High-ranking government officials are reported to have told Sikhs that
they were “not from Afghanistan”, that they were “Indians”, and that they “did
not belong here.”’57 The same report stated that, ‘Although the Sikh and
Hindu communities are allowed to practise their religion publicly, they
reportedly continue to face discrimination at the hands of the State, including
when seeking access to justice, political participation and government jobs.
‘While the police are reported to provide protection to Hindu and Sikh
communities during burial rituals, members of the two communities report
feeling unprotected by State authorities in other contexts, including in
relation to land disputes.’58
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5.2 Employment in government
5.2.1 The USSD IRF Report 2017 stated that a small number of Sikhs and Hindus
continued to serve in government positions59.
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5.3 Police
5.3.1 The United Nations High Commissioner for Refugees (UNHCR) Eligibility
Guidelines for Assessing the International Protection Needs of Asylum-
Seekers from Afghanistan, dated 30 August 2018, noted:
‘The small number of Sikhs and Hindus who are reported to remain in
Afghanistan have reportedly been left even more vulnerable to abuse,
56 AfghanHinduWordpress, ‘Afghan President Visits Gurdwara […],’ 5 July 2018, url
57 UNHCR, ‘UNHCR Eligibility Guidelines […],’ 30 August 2018, url
58 UNHCR, ‘UNHCR Eligibility Guidelines […],’ 30 August 2018, url
59 USSD, ‘IRF Report 2017’, Afghanistan, (Executive summary), 29 May 2018, url
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